Pueblo staff circulate letter urging amendment to state bill that would bar municipal criminal charges for failures to appear

Brian McCain, the mayor’s chief of staff, briefed Pueblo City Council on Feb. 3 about Senate Bill 25-062, legislation introduced by state Senator Nick Henriksen that would prevent a person’s failure to appear from forming the basis of a municipal criminal charge and would prohibit municipal judges from imposing jail sentences for failure to appear.

McCain said the bill also adds failure to appear to the list of state laws that cannot be superseded by charter or ordinance enacted by a home-rule city. He told council that Colorado Municipal League (CML) had recommended an “amend” position and that the mayor and his office recommended opposing the bill as written while supporting an amendment that would narrow the prohibition.

McCain said his preferred negotiated change would limit the bill’s prohibition to a person’s first appearance on a summons or complaint, preserving municipal authority to address repeated willful failures to appear or violations of bond conditions. "I would not oppose the bill if it were limited to failure to appear for a first appearance on a summons or complaint," McCain said. He added that the provision as drafted could undermine a court’s ability to hold someone responsible for repeated, willful failures to appear.

Councilors asked staff whether the city had been consulted before Senator Henriksen filed the bill; McCain said the office had not been contacted about the legislation prior to its filing. McCain circulated a draft letter for councilors to sign voicing the city’s position.

Ending: Councilors indicated support for reviewing and signing the circulated letter; no formal council vote was recorded during the work session. Staff said the bill was scheduled for a judiciary committee hearing the following Wednesday at 1:30 p.m.